R v Macdonald; Ex parte Macdonald [1953] HCA 35; (1953) 88 CLR 197 (12 June 1953)

HIGH COURT OF AUSTRALIA

THE QUEEN v. MACDONALD; Ex parte MACDONALD [1953] HCA 35; (1953) 88 CLR 197

High Court

High Court of Australia
Fullagar J.(1)

CATCHWORDS

High Court - Original jurisdiction - Matter between residents of different States - Habeas corpus - Husband and wife - Recovery of custody of infant child of marriage - Child taken by husband to different State - Application by wife for writ of habeas corpus - Order absolute in first instance - The Constitution (63 & 64 Vict. c. 12), s. 75 (iv).

HEARING

Melbourne, 1953, May 25; June 3, 12. 12:6:1953
HABEAS CORPUS.

DECISION

FULLAGAR J. I will make the order. Order that the respondent this day deliver the infant Anthony Grant Macdonald into the custody of the applicant. (at p199)

ORDER

Order accordingly.